STATE v. NELLO L. TEER COMPANY

No. 527.

146 S.E.2d 511 (1966)

266 N.C. 366

STATE of North Carolina ex rel. UTILITIES COMMISSION v. NELLO L. TEER COMPANY.

Supreme Court of North Carolina.

February 4, 1966.


Attorney(s) appearing for the Case

Nancy Fields Fadum, Raleigh, for appellant.

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Charles D. Barham, Jr., for North Carolina State Highway Commission.

Edward B. Hipp, Raleigh, for North Carolina Utilities Commission.

Norman C. Shepard, Smithfield, and Charles B. Evans, Jacksonville, for Atlantic Coast Line R. Co.

Joyner & Howison, Raleigh, for Atlantic & East Carolina Ry. Co.

Maupin, Taylor & Ellis, Raleigh, for intervener, Superior Stone Co., Division of Martin Marietta Corporation.


LAKE, Justice.

This proceeding was instituted before the Utilities Commission by the filing of a complaint by Teer. Consequently, the statute imposes upon Teer the burden of proving the facts essential to its right to relief from the rate relationship of which it complains. G.S. § 62-75. Since the cost data and other circumstances concerning justification for the differential in rates of which Teer complains are more readily available to the participating railroads...

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